British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

The issue in this appeal was whether a long term disability insurer is entitled to deduct Canada Pension Plan Child Benefits from disability benefits paid out under disability policies. The trial judge held that the Child Benefits were deductible. The Court of Appeal agreed and dismissed the appeal.

Ruffolo v. Sun Life Assurance Co. of Canada, [2009] O.J. No. 1322, Ontario Court of Appeal, April 2, 2009, M.J. Moldaver, J.M. Simmons and R.A. Blair JJ.A.

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Plaintiff Surety brought a motion for summary judgment against the Defendant Construction Companies. The Defendants alleged bad faith in handling the claims. The motion was dismissed, the Court finding a genuine issue existed for trial.

Zurich Insurance Co. v. Paveco Road Builders Corp., [2009] O.J. No. 1211, Ontario Superior Court of Justice, March 23, 2009, T.R. Lederer J.

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An Insured failed to notify his Insurer that he had acquired a new vehicle. The Insured was involved in an accident and the Insurer denied coverage. The Insured brought an action against the Insurer and the dealership where he purchased the vehicle. The Insurer, in turn, sought a motion for summary judgment dismissing the action against it on the ground that there was no valid insurance between the Insurer and Plaintiff at the time of the accident. This motion was allowed but the action against dealership was allowed to continue.

Kovacs v. Brian Cullen Motors Ltd., [2009] O.J. No. 1123, Ontario Superior Court of Justice, March 18, 2009, T.R. Lederer J.

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Mr. Teap had been involved in six at-fault motor vehicle accidents. When renewing the insurance on his 2000 BMW under his company name, he stated that there was no principal operator assigned to the BMW. After an investigation following subsequent damage to his car, ICBC denied coverage. The Judge found that Teap knowingly misrepresented that there would be no principal operator when in fact he was the only operator of the vehicle.

Lexus Holdings Int.’s Ltd. v. The Insurance Corp. of British Columbia, [2009] B.C.J. No. 495, March 13, 2009, British Columbia Supreme Court, E.A. Arnold, Bailey, J.

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Dunn, an executive covered by a Liability and Indemnification policy issued by Chubb with a policy period commencing November, 1999, seeked to have defence costs in respect of allegations of fraud and misconduct that took place in 2001, as well as misconduct allegations that took place in 2002/2003 paid for by Chubb. The claim was dismissed.

Dunn v. Chubb Insurance Co. of Canada, [2009] O.J. No. 720, February 11, 2009, Ontario Superior Court of Justice, C.L. Campbell, J.

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